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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 290   View pdf image (33K)
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290 HIGH COURT OF CHANCERY.
THE CHANCELLOR:
This is a bill filed by the complainant, praying that alimony
may be allowed her out of the estate of her husband, the de-
fendant, between whom and herself a separation in fact exists,
and has existed since the year 1829.
The bill was filed in 1831, and alleges that for three or four
years preceding, the conduct of the defendant towards her had
been harsh, unkind and cruel, inconsistent with his duties as a
husband and her claims as a wife. That on many occasions he
had offered violence to her person, assaulting and beating her
in an inhuman manner, notwithstanding she continued to live
with him for the sake of her children, hoping that a better
spirit would change his heart towards her, and restore her to
his kindness and confidence. That the defendant has recently
sold all his household furniture, except enough to furnish one
room, which he has given to her, which she has at her boarding
house, and that the only allowance he makes is barely sufficient
to pay her board.
To this bill there was a demurrer, but by the Chancellor's
decree of the 17th of January, 1833, the demurrer was over-
ruled, and the defendant ordered to put in a good and sufficient
answer, on or before the first day of the ensuing March.
The answer was accordingly filed on that day, in which the
allegations of cruelty and ill treatment were denied, and in
which, after insisting that the defendant had always desired to
live on terms of affection with the complainant, it was averred
that the separation was the result of the unreasonable and ex-
travagant conduct of his wife, and her hasty and ungovernable
temper; which upon one occasion impelled her to acts of per-
sonal violence to his person. That unable to live longer with
his wife, he, the defendant, broke up housekeeping, offering at
the same time to her that she should select a boarding house
suitable to her condition and his means, which, with a proper
allowance for her personal expenses, he would pay. That she
did select such a boarding house for her accommodation, for
which he has since paid at the rate of five dollars per week, a
sum believed by him to be ample for the purpose, and more

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 290   View pdf image (33K)
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